Nathaniel Adams v. Boston, City of - Public Schools (SPR 20212136)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records September 7, 2021 SPR21/2136 Shawn A. Williams, Esq. Director of Public Records Record Access Officer City of Boston One City Hall Plaza One City Hall Square Boston, MA 02201 Dear Attorney Williams: I have received the petition of Nathaniel Adams appealing the nonresponse of the City of Boston Public Schools (City) to his request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 28, 2021, Mr. Adams requested, “… all simulations modeling admissions to the BPS exam schools that were prepared by, for or on behalf of (i) the School Committee, (ii) the Office of the Superintendent, (iii) the Exam School Admissions Task Force, or (iv) any other personnel within the Schools Department between the dates of June 28, 2021 and July 15, 2021 [and] between the dates of January 1, 2021 and June 28, 2021.” On July 28, 2021 Mr. Adams also requested, “… documents that show (i) the GPA distribution of students entering each of the BPS exam schools, and/or (ii) retention rates at each of the BPS exam schools as compared to entering GPA, in each case for the student cohorts entering the exam schools during SY14-15, SY15-16 and SY16-17.” Claiming to not yet have received a response, Mr. Adams petitioned this office and this appeal, SPR21/2136, was opened as a result. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Shawn A. Williams, Esq. SPR21/2136 Page 2 September 7, 2021 Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. Conclusion Despite being notified of the opening of this appeal, it remains unclear whether the City has provided a response. Accordingly, the City is ordered to provide Mr. Adams with a response to the request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within 10 business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Sincerely, Rebecca S. Murray Supervisor of Records cc: Nathaniel Adams